POPULAR BANK LTD Vs. UNITED COIR FACTORIES

JUDGEMENT

(1.) This suit by a banking company in liquidation is for the recovery of an amount of Rs. 58,610.52 due from the 1st defendant by way of overdraft guaranteed by his wife the 2nd defendant, and secured by the latter by a mortgage, by deposit of title deeds, of the properties described in the schedule to the plaint. The guarantee bond, limited to the sum of Rs. 35,000 and interest thereon, was executed by the 2nd defendant on 26th November 1953, and the mortgage by deposit of title deeds was on the same day, a memorandum to evidence it being executed the following day. On 14th May 1958 defendants 1 & 2 and their daughter, the 4th defendant, (who according to the plaintiff, has no rights whatsoever in the properties) executed a simple mortgage in favour of the 3rd defendant bank This was after the filing of the suit on 31st March 1958 and defendants 3 and 4 were impleaded on application by the plaintiff, the plaint being amended as a consequence, and the reason for their being made parties is thus stated in Para.7 (c):

(2.) The 1st defendant entered appearance through counsel but did not file any written statement. Subsequently his counsel reported no instructions and, the 1st defendant not appearing, the trial proceeded ex parte so far as he was concerned.

(3.) The 2nd defendant filed a written statement denying the alleged guarantee and the alleged mortgage and protesting ignorance of her husbands alleged indebtedness to the plaintiff bank The contents of the plaint came to her as a great surprise and, if any of her title deeds have come into the hands of the plaintiff bank, it must be the mischief of the 1st defendant in whose house she is living and where her title deeds were kept. The suit is, in any event, barred by limitation.